677 
1921 


3    ^3T    Ifll 


LIBRARY  LEGISLATION 


BY 
WILLIAM  F.  YUST 


PREPRINT  OF 

MANUAL  OF  LIBRARY  ECONOMY 

CHAPTER  IX 


EDITION  2,  REVISED 


9lmeruan  Librarp  iSeeodation  |)ablielitns  fioarH 

78  E.  WASHINGTON  ST.,  OHIOAGO 
1921 


I. 

II. 

III. 

IV. 


A.  L.  A.  MANUAL  OF  LIBPu.4RY  ECONOMY 

Chapters  and  Authors 
"American  Librarj'  History,"  Mr.  Bolton.    Printed. 


"Library  of  Congress,"  Mh,  Bishop.    Print-ed. 
"The  State  Library,"  Mr.  Wyer.    Printed. 
"The  College  and  University  Library,"  Mr.  Wyer, 
Printed. 
V.    "  Proprietarj'^  and  Subscription  Libraries,"  Mr.  Bolton. 

Printed. 
VI.    "The  Free  Pulilic  Librarj-,"  Miss  Lord.    Printed. 
VII.    "The  High-School  Library,"  Mr.  Ward.    Printed, 
VIII.    "Special  Libraries,"  Mr.  Johnston.    Printed. 

Organization 

and  Administration 

IX.  "Library  Legislation,"  Mr.  Yust.    Printed. 

X.  "Librarj'  Building,"  Mr.  E.\stman.    Printed. 

XI,  "Furniture,  Fixtures,  and  Equipment,"  Miss  Eastaun. 

Fruited. 

XII.  "Administration,"  Dr.  BosTWTCK.    Printed. 

XIII.  "Training  for  Librarianship,"  Miss  Plummer.  Printed. 

XIV.  "  Library  Service,"  Miss  Baldwin.    Printed, 

XV.    "Branch  Libraries  and  Other  Distributing  Agencies," 

Miss  Eastman.    Printed. 
XVI.    "Book  Selection,"  Miss  Ba.scom.    Printed. 
XVII.    "Order   and   Accession   Department,"    Mr.    Hopper, 

Printed. 
XVIII.    "Classification,"  Miss  Bacon.    Printed. 
XIX.    "The  Catalog."    Miss  Howe.    In  preparation. 
XX.    "Shelf  Department,"  Miss  Rathbone.    Printed. 
XXI.    "  Loan  Work,"  Mr.  Vir/.    Printed. 
XXII.    "Reference  Department,"  Dr.  Richardson.    Printed. 

XXIII.  "Government  Documents,"  Mr.  Wyer.    Printed. 

XXIV.  "  Bibliography,"  Miss  Mudge.    Printed. 

XXV.  "Pamphlets  and  Mmor  Librarj'  Material,"  Me.  Wyer. 

Printed, 

XXVI.  "Bookbinding,"  Mb.  Bailey.    Printed. 


XXVII.    "Library  Co.im'inaiom'and  State  Library  Extension,  or 
.   State  Aid  and  State  Agencies,"  Mk.  Wynkoop. 
',■  Pi.ii?t'ed.   ;  :     :  ,". 
XXVIIl.    "The' Library   and   tne   School,"    Miss   Wood.    In 
preparation. 
XXIX.    "Library  Work  with  Cliildren,"  Miss  Olcott.  Printed. 
XXX.  "Library  Work  with  the  Blind,"  Miss  Chamberlain 
Printed. 
XXXI.    "Publicity."    In  preparation. 
XXXII.    "  Library  "Printing,"  Mr.  Walter.    Printed. 


^ 


^ 


rx 

LIBRARY  LEGISLATION 

WILLIAM  F.  YUST 
Rochester  Public  Library 


Stages  in  the  development  of  legis- 
lation 
Tax  rate  and  method  of  government 
The  A.L.A.  and  library  legislation 


Outline  of  a  good  library  law 
Outline  of  a  county  library  law 
Bibliography 


Library  legislation  in  the  United  States  is  of  three  kinds, 
national,  state,  and  municipal.  National  legislation,  which  is 
not  treated  in  this  paper,  relates  mainly  to  such  subjects  as  book 
postage,  the  importation  of  books,  the  distribution  of  govern- 
ment documents,  and  to  libraries  which  are  under  federal 
control.  Federal  aid  to  small  city  and  rural  libraries  is  under 
consideration.  Municipal  legislation  is  the  local  appUcation 
of  state  law  and  will  therefore  be  considered  only  as  a  part  of 
the  general  subject. 

State  legislation  in  regard  to  libraries  began  with  the  South 
CaroUna  act  of  1700.  Numerous  parochial  libraries  "for 
publicke  use"  had  been  estabUshed  in  the  cities  of  the  colonies 
from  Boston  to  Charleston  by  the  Rev.  Thomas  Bray.  South 
Carolina  had  one  of  these  lending  libraries  and  was  the  first  to 
provide  for  its  protection  and  regulation.  In  171 2  a  supple- 
mental act  was  passed  because  "the  unrestrained  hberty 
hath  already  proved  very  prejudicial  to  the  said  library,  several 
of  the  books  being  lost  and  others  damnified." 

Stages  in  the  development  of  legislation. — Legislation  on 
Ubraries  as  on  other  well-estabUshed  institutions  of  society 
exhibits  an  evolutionary  progress.  Writers  like  Dr.  H.  A. 
Homes,  W.  I.  Fletcher,  and  W.  R.  Eastman  have  noted  certain 


43G2»5 


2      •••!_;-       IVl^l^AL:  OF  LIBRARY  ECONOMY 

iM<t5i3<f  Stages  inlthJs.eyolikion.  These  are  illustrated  by  (i) 
special  society  libraries,  (2)  school-district  libraries,  (3)  town 
libraries,  (4)  state-aid,  and  (5)  county  Ubraries. 

The  first  stage  appears  in  the  incorporation  of  joint  stock 
companies,  which  were  known  under  different  names,  such  as 
proprietary,  social,  subscription,  and  even  public  libraries. 
The  earliest  of  these  was  the  Philadelphia  Library  Company 
incorporated  in  1742.  Benjamin  Franklin,  who  had  founded 
it  eleven  years  earUer,  called  it  "the  mother  of  all  the  North 
American  subscription  libraries."  Then  came  the  enactment 
of  general  laws  for  incorporating  these  co-operative  associations, 
which  sprang  up  in  great  numbers.  With  the  rise  and  spread 
of  the  free  public  library  idea  their  pri\'ileges  were  extended 
farther  and  farther  until  many  of  them  became  free  Ubraries 
with  a  legal  standing  as  part  of  the  Ubrary  system  of  the  state. 
In  this  way  numerous  modern  libraries  are  the  direct  outgrowth 
of  these  subscription  Ubraries. 

The  second  stage  of  development  came  nearly  a  century 
after  the  first  with  the  estabUshment  of  the  school-district 
Ubraries.  These  were  founded  and  conducted  under  state 
school  laws.  They  were,  however,  not  for  the  benefit  of  school 
children  only,  but  for  aU  the  inhabitants  within  the  boundaries 
of  the  school  district.  They  benefited  largely  from  the  surplus 
money  distributed  from  the  United  States  Treasury.  This  plan 
began  in  New  York  state  in  1835  and  continued  in  force  there 
for  fifty-five  years.  For  many  years  the  state  appropriated 
$S5,ooo  annually  for  them  and  an  equal  amount.was  raised 
locaUy.  They  were  so  successful  at  first  that  up  to  1877 
similar  laws  had  been  passed  in  twenty-one  states,  including 
many  in  the  East  and  in  the  Middle  West,  and  some  as  far 
west  as  California.  The  plan,  however,  had  serious  weaknesses: 
(i)  the  amount  of  money  obtainable  for  any  one  district  was 
too  small  to  pro\ade  suitable  additions  of  books;  (2)  there  was 
no  adequate  state  supervision  and  no  proper  local  management 


LIBRARY  LEGISLATION  3 

to  insure  the  preservation  and  usefulness  of  the  books.  Hence 
interest  declined,  the  books  gradually  disappeared,  and  the 
plan  was  abandoned.  In  the  rural  sections  the  school  district 
was  too  small  a  unit  while  in  the  towns  and  cities  a  different 
method  of  organization  was  developing. 

Although  these  school  libraries  were  acknowledged  failures, 
they  nevertheless  performed  a  useful  function  in  preparing- 
public  sentiment  for  another  step  in  advance.  Their  value 
was  twofold:  they  embodied  the  theory  strongly  advocated 
by  so  eminent  an  educator  as  Horace  Mann  that  public  libraries 
are  an  essential  part  of  a  complete  system  of  public  education. 
In  this  way  they  were  instrumental  in  educating  the  people  to 
the  need  and  value  of  reading.  At  the  same  time  they  served 
as  an  important  object-lesson  in  the  proper  method  of  hbrary 
support,  namely,  through  public  taxation.  The  New  York 
law  creating  them  is  "the  first  known  law  of  a  state  allowing  the 
people  to  tax  themselves  to  maintain  genuine  public  Ubraries." 
They  are  therefore  properly  "acknowledged  to  have  been  the  tran- 
sition link  between  the  subscription  library  and  the  town  library." 

Some  large  modern  libraries  organized  and  are  still  operating 
under  this  type  of  law  with  modifications.  Notable  examples 
are  the  public  libraries  of  Cincinnati,  Cleveland,  Indianapolis, 
and  Kansas  City. 

In  1848  a  special  law  was  passed  by  Massachusetts  authoriz- 
ing the  city  of  Boston  to  levy  a  tax  of  $5,000  for  the  support  of 
a  free  public  library.  In  1849  New  Hampshire  passed  a  similar 
law,  but  made  it  apply  to  the  entire  state,  as  Massachusetts 
did  two  years  later  on  the  appUcation  of  other  cities  and  towns. 
This  extension  of  the  provisions  of  the  Boston  law  from  one 
city  to  all  the  cities  and  towns  in  the  state  marks  the  third 
stage  of  legislative  development.  New  Hampshire  therefore 
has  the  honor  of  having  enacted  the  first  general  law  for  estab- 
lishing and  maintaining  free  public  libraries  by  towns  through 
municipal  taxation. 


4  MANUAL  OF  LIBRARY  ECONOMY 

The  principle  embodied  in  this  law  spread  gradually  to 
other  states  as  did  the  school-district  idea.  Within  twenty-five 
years  it  was  written  in  the  statutes  of  twelve  states — New 
Hampshire,  Massachusetts,  Maine,  Vermont,  Ohio,  Colorado, 
Illinois,  New  York,  Wisconsin,  Indiana,  Iowa,  and  Texas,  in 
the  order  named;  in  fifty  years,  1898,  it  had  extended  to 
thirty-eight  states;  at  present  it  is  in  operation  in  every  state 
of  the  union. 

The  fourth  stage  of  legislation  began  in  i8go,  when  Massa- 
chusetts created  a  state  commission  to  promote  the  estabUsh- 
ment  and  efficiency  of  hbraries  throughout  the  state.  This 
commission  of  five  members  was  appointed  by  the  governor 
and  was  authorized  to  give  advice  and  assistance  to  any  free 
public  library  and  as  much  as  $100  worth  of  books  to  any  town 
establishing  such  a  library. 

This  principle  of  state  aid  inaugurated  a  new  era  in  library 
development.  While  the  state  had  hitherto  been  passive  and 
its  laws  permissive,  it  now  became  active  and  aggressive. 
Heretofore  all  the  initiative  had  to  be  taken  by  the  municipality; 
now  through  this  state  body  an  outside  stimulus  and  support 
was  given  to  local  effort. 

The  new  example  set  by  Massachusetts  was  rapidly  followed 
by  other  states.  In  ten  years  similar  commissions  had  been 
created  in  sixteen  states  and  today  there  are  thirty-seven. 

The  enabhng  acts  in  most  states  provide  for  an  agency 
similar  to  that  of  the  pioneer  commonwealth,  though  the  form 
and  the  name  vary  in  many  states.  In  Alabama  the  work  is 
done  by  the  Department  of  Archives  and  History,  in  New  York 
by  the  Extension  Division  of  the  Education  Department,  in 
Washington  by  the  State  Library.  There  is  a  tendency  toward 
consoUdating  the  state  library  agencies  with  the  state  education 
department.  The  objects  however  are  similar  in  each,  the 
functions  performed  varying  chiefly  in  extent,  according  to  the 
status  of  pubUc  opinion  and  the  size  of  the  appropriation. 


LIBR.\RY  LEGISLATION  5 

Their  fullest  extension  has  been  reached  in  such  states  as 
New  York,  Wisconsin,  and  California.  Their  functions  are 
outlined  by  Asa  Wynkoop  in  chapter^xvii  of  this  manual  as 
follows:  (i)  The  establishing  of  local  libraries;  (2)  aiding  and 
improving  local  libraries;  (3)  promoting  helpful  co-operation 
between  libraries;  (4)  raising  the  standard  and  quality  of 
library  service;  (5)  providing  aid  to  school  hbraries;  (6)  aid 
to  libraries  in  state  institutions;  (7)  providing  library  facilities 
where  no  local  library  exists;  (8)  selecting  and  distributing 
pubHc  documents;  (9)  library  for  the  blind;  (10)  legislative 
reference  work;  (11)  establishing  standards  of  library  service; 
(12)  issuing  certificates  of  qualifications  to  librarians. 

The  size  of  the  political  unit  used  as  a  basis  for  library 
establishment  has  gradually  enlarged  from  the  school  district 
to  the  city,  the  town  or  township,  and  to  the  county. 

Many  of  the  early  western  states  in  copying  the  New  Eng- 
land town-library  laws  made  provision  for  township  libraries. 
Not  many  of  these  were  estabUshed  except  in  a  few  states  like 
Michigan,  where  they  were  made  obligatory  in  the  state  con- 
stitution of  1835.  This  compulsory  feature  has  been  twice 
placed  on  the  statute  books  of  that  state  and  twice  repealed, 
the  last  repeal  in  1909.  The  libraries  established  under  these 
acts,  although  free  to  all  residents  of  the  township,  were  prac- 
tically school  libraries  with  a  history  like  the  school-district 
libraries  of  other  states.  They  have  finally  swung  back  to  the 
district  system  because  they  are  controlled  by  the  school 
organization,  which  is  based  on  the  district  unit.  Scattered 
examples  of  successful  township  free  public  libraries  may 
however  be  found  in  a  number  of  states. 

A  fifth  stage  of  evolution  brought  the  county  library  into 
prominence.  The  county  has  from  the  first  been  recognized 
as  a  strong  poHtical  unit  for  public-school  organization.  Like- 
wise it  has  long  presented  possibilities  for  furnishing  library 
advantages    to   people   in    large   and    sparsely    settled   areas. 


6  MANUAL  OF  LIBRARY  ECONOMY 

County  libraries  were  provided  for  as  early  as  1816  in  the 
state  constitution  of  Indiana  and  a  number  of  laws  were  passed 
to  carry  out  this  provision.  But  little  was  accomplished  there 
or  in  the  other  states  having  similar  laws  until  the  subject  was 
revived  by  the  Ohio  legislature  in  1898.  This  led  to  its  con- 
sideration in  other  states  and  in  1909  California  passed  its 
comprehensive  law.  There  are  now  twenty-five  states  having 
some  kind  of  legislation  regarding  county  libraries  and  a  number 
of  other  states  are  preparing  to  take  action.  Some  permit  the 
county  to  establish  a  library,  others  allow  it  to  adopt  an  existing 
library,  and  some  permit  either  method.  County  Ubraries 
have  been  most  extensively  developed  in  California.  The 
chief  features  of  its  law  are  given  on  page  13. 

The  tax  rate  and  the  method  of  government. — Two  impor- 
tant questions  have  commanded  attention  from  the  beginning. 
The  first  is  whether  the  tax  rate  for  library  purposes  should  be 
restricted.  A  maximum  limit  suggests  a  Uberal  rate  which  is 
regarded  as  proper,  and  yet  assures  the  timid  taxpayer  that 
the  fixed  rate  will  not  be  exceeded.  On  the  contrary  this 
restriction  in  small  towns  may  not  permit  sufficient  support, 
while  towns  able  and  willing  are  prevented  by  law  from  giving 
more  Uberal  support.  A  minimum  rate  assures  at  least  a 
certain  amount  of  income,  although  there  is  danger  that  this 
may  be  wrongly  regarded  as  sufiicient  for  all  purposes. 

These  differences  of  opinion  have  never  entirely  disap- 
peared. In  some  states,  especially  those  of  New  England, 
no  restrictions  have  ever  been  made,  while  in  the  newer  and 
western  states  either  a  minimum  or  a  ma.ximum  rate  or  both 
have  always  existed.  In  some,  as  in  Missouri,  the  rate  is 
graduated  according  to  the  need  of  the  municipality  and  its 
size  and  financial  ability. 

It  has  been  pointed  out  that  there  are  three  forms  of  tax 
support:  (i)  The  appropriation  of  specific  sums  from  the 
municipal  treasury  as  may  be  determined  from  year  to  year. 


LIBR.\RY  LEGISLATION  7 

(2)  The  levying  of  a  regular  tax,  the  rate  to  be  determined 
annually  by  the  general  tax-leyying  authority.  This  rate 
may  be  fixed  by  law  as  to  its  minimum  or  maximum  or  both. 
In  either  of  these  cases  the  latitude  allowed  the  appropriating 
body  makes  an  inadequate  income  always  a  possibility  and 
frequently  a  fact.  (3)  The  levying  of  a  regular  tax,  the  rate  of 
which  is  determined  by  the  Ubrary  authority,  as  is  the  case  in 
Indiana.  This  follows  the  school  plan  of  the  newer  states  and 
intrusts  those  best  qualified  to  judge  with  the  power  to  provide 
an  adequate  income. 

The  second  question  relates  to  government  and  control — 
whether  the  law  should  define  in  detail  the  method  of  organiza- 
tion and  management  or  whether  these  matters  should  be  left 
entirely  to  the  local  authorities.  This  gave  rise  to  two  types, 
the  short  law  and  the  long  law. 

The  short  law  prevailed  almost  exclusively  in  the  New 
England  states  but  found  its  briefest  expression  in  the  Texas 
law  of  1874,  which  read,  "Any  incorporated  city  may  estabUsh 
a  free  public  library  and  may  make  such  regulations  and  grant 
such  part  of  its  revenue  for  the  management  and  increase 
thereof  as  the  municipal  government  may  determine."  Such 
a  law  allows  the  fullest  freedom  to  the  citizens  in  each  locality 
to  organize  and  operate  the  library  according  to  their  own 
views.  It  is  therefore  calculated  to  enlist  a  large  measure  of 
popular  interest  and  its  success  presupposes  a  high  intellectual- 
and  civic  standard. 

The  long  law  on  the  other  hand  aimed  to  insure  the  estab- 
lishment of  the  library  according  to  approved  methods  and  to 
safeguard  it  against  too  frequent  change  and  political  inter- 
ference in  its  management.  The  best  early  illustration  of  this 
type  of  law  is  the  Illinois  act  of  1872.  It  consists  of  twelve  long 
sections,  which  iLx  a  maximum  tax  rate,  define  the  number, 
mode  of  election,  powers  and  duties  of  the  trustees,  and  prescribe 
various  regulations  for  the  management  of  the  library.     The 


8  MANUAL  OF  LIBRARY  ECONOMY 

main  features  of  this  act  have  been  widely  copied  and  the  long 
law  has  become  the  established  method  in  the  great  majority 
of  states. 

Under  the  commission  form  of  government  a  select  board  of 
five  is  retained  in  Iowa,  its  members  appointed  by  the  city  com- 
missioners, serving  without  pay  and  having  all  the  powers  given 
to  library  trustees  under  the  general  library  law  of  the  state. 

A  form  of  government  frequently  found  is  that  of  the  "free 
library,"  which  though  free  to  the  pubhc  is  controlled  by  an 
incorporated  association.  Many  of  the  early  subscription 
hbraries  developed  into  this  type  by  becoming  enthely  free. 
In  return  they  have  been  permitted  by  statute  to  receive 
money  aid  from  the  municipality  and  even  from  the  state. 
This  aid  is  given  on  evidence  officially  certified  that  their 
service  is  up  to  the  standard  estabhshed  by  law. 

As  this  form  of  control  places  the  library  entirely  in  the 
hands  of  its  friends  it  is  frequently  adopted  for  endowed  libraries 
or  in  starting  small  libraries  before  asking  for  a  public  tax. 
Many  state  laws  authorize  a  municipality  to  contract  with  such 
an  association  for  free  library  privileges,  the  hbrary  to  receive 
public  tax  support  based  on  the  nature  and  extent  of  the  service 
rendered.  Such  libraries  exist  in  many  parts  of  the  country, 
especially  in  the  East. 

The  A.L.A.  and  library  legislation. — For  a  quarter  of  a 
century  the  American  Library  Association  took  no  definite 
action  on  this  matter  of  fundamental  importance.  In  June, 
1877,  Melvil  Dewey  proposed  a  summary  of  legislation  in  the 
eleven  states  having  laws  with  a  view  to  the  preparation  of  a 
model  law  by  a  committee  of  the  association.  In  September 
of  the  same  year  Dr.  WilUam  F.  Poole  sketched  the  existing 
laws  noting  some  of  their  merits  and  their  defects.  He 
characterized  the  legislation  of  forty  years  as  "crude  and 
ill-digested,"   but  thought  it  more  judicious  not  to  draft  a 


LIBRARY  LEGISLATION  9 

model  statute  in  order  that  the  association  might  not  commit 
itself  at  the  time  to  any  specific  form  of  legislation  and  thus 
divide  its  forces  on  methods. 

The  policy  thus  laid  down  prevailed  for  a  quarter  of  a 
century.  Meanwhile  one  state  copied  from  another,  incorporat- 
ing the  bad  as  well  as  the  good  features  of  its  laws,  with  the 
result  that  legislation  developed  in  a  much  more  unsystematic 
way  than  if  there  had  been  a  model  to  follow.  Reviews  covering 
the  acts  of  a  given  year  or  more  were  written  from  time  to 
time,  which  brought  out  certain  tendencies,  but  which  never 
resulted  in  any  action. 

In  1897  Frank  C.  Patten  for  the  first  time  presented  in  a 
concise  form  the  essentials  and  an  outline  of  a  good  law.  The 
subject  was  again  treated  a  few  years  later  by  W.  R.  Eastman 
and  in  1909  a  committee  of  the  American  Library  Association 
prepared  and  published  a  model  commission  law.  The  chief 
features  of  these  several  papers  with  additions  and  modifications 
are  embodied  in  the  following: 

Outline  of  a  good  library  law. — Three  essentials  which  a 
good  law  provides  are: 

1.  Careful  and  consecutive  management. 

2.  A  sure  and  steady  revenue. 

3.  A  central  agency  for  supervision  and  promotion. 

Most  states  have  separate  laws  for  local  libraries,  for  the 
state  library,  and  for  the  library  commission,  as  well  as  for 
other  Ubrary  purposes.  These  should  all  be  codified  in  the 
interest  of  brevity,  simplicity,  and  comprehensiveness.  The 
following  outline  is  designed  to  accomplish  these  ends  and  to 
bring  all  the  free  public  libraries  of  the  state  into  a  co-operative 
working  system.  It  may  be  desirable  to  modify  the  plan  to 
meet  conditions  in  a  given  state.  But  by  bearing  the  essentials 
in  mind  and  securing  the  best  legal  assistance  no  mistake  need 
be  made  in  the  preparation  of  a  good  law. 


MANU.\L  OF  LIBIL\RY  ECONOMY 

General 

a)  State  the  purpose  of  a  public  library  broadly  and 

place  its  claim  to  support  on  the  same  basis  as 
that  of  the  public  school. 

b)  Make  possible  the  maintenance  of  loan,  reference, 

and  reading-room  branches,  and  other  agencies 
for  book  distribution,  museum,  lecture,  and  allied 
educational  features. 
Establishment 

a)  Authorize  the  governing  body  of  any  city,  town, 

county,  school  district,  or  other  political  body  that 
has  power  to  levy  and  collect  ta.xes  to  establish 
and  maintain  a  pubhc  library  for  the  free  use 
of  all  the  people.  Require  it  to  do  so  on  favorable 
vote  of  a  majority  of  those  voting  on  the  question 
at  any  election. 

b)  Provide  that  on  petition  of  25   or  50  ta.xpayers 

the  question  of  establishment,  rate  of  tax  and 
bonds  shall  be  decided  by  vote  of  the  people 
at  a  general  or  special  election,  to  be  changed 
only  by  another  vote. 

c)  Provide  for  joint  establishment  and  maintenance 

by  neighboring  political  bodies. 

d)  Prescribe    the    mode    for    changing    the    form    of 

organization  of  an  existing  library  to  conform 
to  the  new  law. 

e)  Authorize  a  special  tax  or  bonds  to  provide  rooms, 

land,  or  buildings. 
/)    Provide  for  keeping  as  a  separate  fund  the  moneys 
appropriated  and  received  for  library  purposes 
and  for  placing  them  entirely  under  the  control 
of  the  library  board. 


LIBR.\RY  LEGISLATION  1 1 

3.  Maintenance 

Provide  for  permanent  maintenance  by  a  regular 
annual  tax,  the  rate  to  be  fixed  by  the  library  authority 
within  the  limits,  if  any,  set  by  law. 

4.  Management 

a)  Establish  an  independent  board  of  trustees  con- 

sisting of  representative  citizens  of  recognized 
fitness,  of  either  sex,  to  serve  without  salary,  and 
place  the  management  wholly  in  its  hands. 

b)  Secure  a  permanent  board  with  gradual  change  of 

membership,  the  number  of  members  to  be  five 
to  seven,  appointed  by  the  mayor  or  other 
executive  officer  for  a  term  of  five  years,  not 
more  than  two  to  go  out  of  office  in  any  given 
year;  or  divide  the  appointing  power  between 
several  officers  or  bodies. 

c)  Constitute  the  library  a  public  corporation  with 

power  to  acquire,  hold,  transfer,  and  lease 
property'  and  to  receive  donations  and  bequests. 

d)  Outline  the  powers  and  duties  of  trustees,  such 

as  to  buy  sites,  erect  buildings,  purchase  books 
and  supplies,  engage  the  necessary  employees, 
fijc  salaries,  etc. 

e)  Require  state  certificates  based  on  special  training 

or  experience  for  certain  positions  and  provide 
that  all  assistants  shall  be  appointed  by  the 
board  on  recommendation  of  the  librarian. 

5.  Contract 

Permit  aiding  a  free  library  with  public  money  and 
making  a  contract  with  some  existing  library  to 
furnish  general  or  special  library  privileges  to  the 
public. 


MANUAL  OF  LIBRARY  ECONOMY 

Documents  and  exchanges 

Provide  for  distributing  all  publications  of  the  state 
free  to  public  libraries  and  for  exchange  of  books  and 
duplicates  by  public  libraries  among  themselves  and 
with  the  state  central  agency. 

Protection 

Impose  penalties  for  theft,  mutilation,  over-detention, 
and  disturbance. 

Permanence 

Provide  that  a  pubHc  Ubrary  may  be  aboUshed  in  the 
same  manner  that  it  has  been  estabUshed. 

Central  library  agency 

a)  Name  and  place.     Provide  a  comprehensive  name 

and    suitable  quarters.     Preferably    (name    of 

state)  library  commission  with  quarters  in  the 
state  house. 

b)  Commissioners.  Five  members   to  be  appointed 

by  the  governor,  one  each  year  for  a  term  of 
five  years;   to  serve  without  salary. 

c)  Organization.     Mention  officers  and  employees  and 

their  duties.  Secretary  not  a  member  of  the 
commission  and  trained  in  library  work. 

d)  Appropriation.     Provide  for  an  appropriation  com- 

mensurate with  the  needs  and  resources  of  the 
state. 

e)  Scope    of    work.     To    furnish    information,    give 

advice  and  assistance  to  existing  libraries  of  a 
public  nature,  and  to  assist  communities  to 
establish  them;  manage  the  state  library  and 
make  it  the  center  of  the  library  activities  of  the 
state;  receive  gifts;  maintain  traveling  libraries; 
publish  lists  of  books;  establish  standards  of 
organization  and  of  service;  conduct  institutes 
and  schools  for  hbrarians  and  issue  certificates 


LIBRARY  LEGISLATION  13 

of  qualifications;   manage  state  grants  of  money 
to  libraries  for.  the  purchase  of  books;    conduct 
clearing-house  for  duplicates  and  gifts  to  libraries 
of  the  state;    co-operate  with  state  institutions 
and  with  other  states,  and  perform  such  other 
service  in  behalf  of  public  libraries  as  may  be 
for  the  best  interests  of  the  state. 
/)    Reports.     Receive  annual  reports  from  Ubraries  in 
the  state;   make  regular  reports  to  the  governor 
to   be   presented   to    the   general   assembly   on 
library  conditions  and  progress  in  the  state. 
Outline  of  county  library  law  (as  originally  exemplified  in 
California  and  modified  in  other  states). — ■ 

1.  The  supervisors  may  establish  a  free  library  for  that 
part  of  the  county  lying  outside  of  incorporated  cities  and  towns 
maintaining  free  libraries.  (Several  states  provide  that  they 
shall  do  so  on  petition  of  a  certain  percentage  or  a  specific 
number  of  voters  or  after  a  favorable  election.  A  number  of 
states  also  provide  for  the  disestablishment  of  a  library  and 
withdrawal  from  a  contract.) 

2.  Cities  and  towns  may  join  the  county  free  library  or 
may  contract  with  the  county  free  library  for  such  service  as 
they  may  desire;  counties  may  contract  with  each  other  for 
joint  library  service  or  with  a  city  library  to  extend  its  service 
to  the  county.  (Some  states  omit  the  contract  system  and 
others  vary  in  methods  whereby  a  city  library  may  become 
the  center  of  a  county  library  system.  The  Oregon  law  speci- 
fies in  detail  certain  requirements  of  the  contract.) 

3.  County  law  libraries,  county  teachers'  libraries,  and 
school  Hbraries  may  join  the  county  free  libraries. 

4.  A  tax  of  not  over  ten  cents  on  $100  may  be  levied  to 
support  the  county  free  library.  (Some  states  also  establish  a 
minimum  tax.) 

5.  The  county  library  is  controlled  by  the  county  super-- 
visors.     (The  tendency  in  more  recent  laws  is  in  favor  of  a 


14  IVIANUAL  OF  LIBR.\RY  ECONOMY 

special  county  library  board.)  The  authority  in  control  of  the 
county  library  levies  the  tax  for  its  support  and  appoints  the 
librarian.  The  administration  of  the  library  is  in  his  hands. 
He  must  have  a  certificate  from  the  state  board  of  Ubrary 
examiners. 

6.  The  county  libraries  are  under  the  professional  super- 
vision of  the  state  Ubrarian.  (In  some  states  this  supervision 
is  by  the  state  educational  authorities  and  in  others  by  the 
state  library  commission.)  The  supervising  authority  shall 
require  annual  reports,  visit  Ubraries,  call  meetings  of  county 
hbrarians  and  require  their  attendance. 

Among  the  state  laws  best  illustrating  the  principles  outUned 
are  those  of  California,  Indiana,  Iowa,  Massachusetts,  Min- 
nesota, Missouri,  New  York,  Oregon,  Pennsylvania,  Utah, 
Washington,  and  Wisconsin.  These  or  the  statutes  of  any 
other  state  may  be  obtained  from  its  library  commission  or 
other  state  official. 

BIBLIOGRAPHY 
The    following    references    arranged    chronologically    are 
confined   to   some  of   the  leading  articles.     Much  additional 
material  may  be  found  in  the  files  of  the  Library  Journal  and 
PubUc  Libraries. 

1876  Warren,  S.  R.,  and  Clark,  S.  M.  Common  school  libraries. 
(In  U.S.  Bureau  of  Education,  Public  libraries  in  the  United 
States,  1876,  pp.  38-58.) 

Covers  the  legislation,  administration,  and  history  of  these 
libraries  in  twenty-one  states. 

1877  Poole,  W.  F.  State  legislation  in  the  matter  of  libraries. 
Library  Journal,  1877,  2:  7-12. 

Sketches  the  laws  in  several  states,  noticing  merits  and 
defects. 
1879    Homes,  H.  A.     Legislation  for  public  libraries.     Library 

Journal,  1879,  4:262-67. 

Emphasizes  "Historically  certain  steps  of  progress." 


LIBRARY  LEGISLATION  15 

1879  Report    of   committee   on   library  legislation.     Library 
Journal,  1879,  4:300-302 

Discusses  tax  rate,  board  of  control,  and  desirable  features 
in  a  law. 

1880  Library    legislation.     Library    Journal,    1880,    579-80; 
109-11. 

List  of  state  public  library  laws  classified;    text  of  New 
Hampshire  and  Illinois  laws. 
1887     Nelson,  C.  A.     Library  legislation.     Appleton's  Annual 

Cyclopedia,  1887,  pp.  318-20. 

Summarizes  laws  of  29  states  and  territories. 

1891     Fletcher,  W.I.    Best  library  legislation.    Library  Journal, 

1891,  16:031-34. 

Outlines  past  stages  and  present  trend.  See  also  his 
PubHc  Libraries  in  America,  1894,  pp.  20-30. 

1894    Harrison,  J.  L.     Public  library  movement  in  the  United 
States.     New  England  Magazine,  1894,  16:  709-22. 
Covers  history,  legislation,  statistics,  and  organization  of 

libraries  and  librarians. 

1896  Presnell,  Henderson.     Library  legislation  in  the  United 
States.     (In  U.S.  Bureau  of  Education.    Annual  Report, 

1896,  2:523-99.) 

The  most  extensive  compilation  in  print.  Covers  (i) 
incorporation  of  associations  and  societies;  (2)  school-district 
libraries,  township  libraries,  free  public  libraries,  recent  state 
laws;  (3)  resume  of  legislation;  (4)  text  of  laws  in  each  state. 
Includes  F.  C.  Patten's  paper  on  Library  legislation  (see  next 
item). 

1897  Patten,    F.    C.   Library    legislation.     Public    Libraries, 

1897,  2:3-5. 

Essentials  and  outline  of  a  good  law;  also  printed  sepa- 
rately and  in  U.S.  Bureau  of  education.  Annual  Report,  1895- 
96,  2:526-28,  and  in  Dana's  Library  Primer,  1899,  pp.  147-51. 


i6  MANUAL  OF  LIBRARY  ECONOMY 

1898  Harrison,  J.  L.  Report  on  legislation  and  state  aid, 
Library  Journal,  1898,  23:023-24. 

Actual  legislation  of  the  year  and  legislative  effort;  exten- 
sive summaries. 

1899  Eastman,  W.  R.  WTiat  can  state  law  do  for  the  public 
library?    Library  Journal,  1899,  24:619-20. 

Treats  of  management,  reports,  state  commission,  support, 
contracts,  state  aid,  travehng  libraries,  permanence. 

1900    .     Essentials  of   a    good    Ubrary   law.     Library 

Journal,  1900,  24:049-51. 

Enlarges  on  F.  C.  Patten's  article  in  Public  Libraries, 
1897,  2:3-5. 

1901  Michigan  Board  of  library  commissioners.  Legislative 
history  of  district  and  township  libraries  in  the  state  of 
Michigan  from  1835  to  1901.     25  pp. 

1905  Brigham,  H.  O.  Synopsis  of  laws  authorizing  library 
commissions.     PubUc  Libraries,  1905,  10:  83-87. 

1908  Historical  summary  of  legislation  relating  to  Ubrary 
commissions. 

SeeLeague  of  hbrary  commissions,  Handbook,  1910,  pp.  5-1 1 . 

1909  Hadley,  Chalmers.  Model  commission  law.  A.L.A. 
Bulletin,  1909:342-45. 

Report  of  a  special  committee;  gives  fuU  text  of  a  law 
with  comment.  The  text  is  also  in  the  Library  Journal,  1909, 
34:360-61. 

191 2  Greenman,  E.  D.  State  aid  for  pubHc  school  hbraries. 
Library  Journal,  1912,  37:310-16. 

Includes  resume  of  legislation. 

1913  Tyler,  A.  S.  The  pubUc  library  in  commission  governed 
cities.     National  Municipal  Review,  1913,  2:255-59. 

1916  Carnegie  Corporation.  Abstract  of  laws  relating  to 
libraries  in  force  in  191 5  in  the  states  and  territories  of  the 
United  States.    368  pp. 


LIBRARY  LEGISLATION  17 

1916     Brett,  W.  H.     Comments  on  library  legislation.     A.L.A. 

Bulletin  1916:319-24. 

General  observations  on  provisions  usually  included  in  a 
state  law. 

1916  Hicks,  F.  C.  The  public  library  as  affected  by  municipal 
retrenchment.     A.L.A.  Bulletin  1916:169-75. 

Based  on  an  analysis  of  laws  affecting   the  support  of 
libraries. 

191 7  Craig,  E.  L.  Library  legislation.  A.L.A.  Bulletin 
1917:226-28. 

Has  special  reference  to  the  Indiana  law. 

1917  Robinson,  J.  A.  Summary  of  county  library  laws. 
Public  Libraries,  1917  22:17-19. 

1918  California  State  Library.  Summary  of  county  free 
library  work  in  the  United  States.  News  Notes  of  Cali- 
fornia Libraries  July   19 18. 

Includes  resume  of  laws  relating  to  county  libraries. 
Supplement  in  April  1920  issue  of  same  publication. 

1918    Wheeler,  H.  L.     Why  a  county  library  law  for  Missouri. 
Library  Journal,  1918,  43:472-75. 
Arguments  in  its  favor. 

1920    Hamilton,  W.  J.     County  library  laws  in  the  United 

States.     Library  Journal,  1920,45:727-31;  780-89. 

Part  two  is  a  summary  of  laws  tabulated  under  nine  heads: 
Perr^.issive,    mandatory,    election,    exempt,    tax    determined, 
governing  body,  librarian,  location,  disestablishment. 
1920    Long,  A.  B.     State  school  library  laws.     Wilson  bulletin, 

1920,  1:505-13. 

Includes  summary  of  state  laws  and  statement  of  "New 
Standards." 
1920     Morgan,  J.  E.     County  libraries — Utah  makes  a  record. 

Public  Libraries,  1920,  25:205-06. 


i8  MANUAL  OF  LIBRARY  ECONOMY 

1920    Morgan,  J.  E.     County  libraries  for  Kentucky.     Library 
Journal,  1920,  45:495^-. 

1920    Marvin,  Cornelia.     Discussion    needed.     Public   Libra- 
ries, 1920,  25:498-99. 
Opposes  establishing  county  library  by  petition  and  giving 

library  board  tax  levying  power. 

1920    Locke,    G.    H.     Library    matters    in    Ontario.     Public 
Libraries,  1920,  25:619. 
The  Ontario  law  places  library  support  on  per  capita  basis. 

The  following  articles  review  the  legislation  of  given  years: 
885     Soule,  C.  C.     Library  Journal,  1885,  10:  276-78. 
887     Poole,  W.  F.     Library  Journal,  1887,  12:117-19. 

889  Utley,  H.  M.     Library  Journal,  1889,  14:190-94. 

890  Solberg,  Thorwald.     Library  Journal,  1890,  i5:C5o-58. 

899     Brigham,  H.  O.     Library  Journal,  1899,  24:C8i-84. 

902-5     Yust,    W.    F.     Library    Journal,    v.    27-30;     Public 
Libraries,  v.  7-10. 

906-7     Wynkoop,  Asa  Library  Journal,  v.  31-32. 

908-16     Eastman,  W.  R.     Library  Journal,  v.  33-42. 

913     Eastman,  W.  R.     Public  Libraries,  19:43-44. 

917     Burlingame,  L.  T.     Library  Journal,  43:74-83. 

917  Lester,  C.  B.     A.  L.  A.  Bulletin,  1918:  261-64. 

918  Lester,  C.  B.     Library  Journal,  44: 17. 


PUBLICATIONS  OF  THE 

AJSIERICAN  LIBRARY  ASSOCIATION 

PUBLISHING  BOARD 

78  E.  Washington  St.,  Chicago,  III. 


A  SELECTED  LIST 


BOOK   LISTS 


The  Booklist.     10  numbers  a  year.     Subscription  price,  $2.00. 

Booklist  books  (of  current  year).     Issued  about  March  1. 

Buying  list  of  books  for  small  libraries.    Caroline  Webster.     1920. 

Paper,  35  cents. 
Guide  to  the  study  and  use  of  reference  books.    Alice  B.  Kroeger. 

Re\-ised  by  Isadore  G.  Mudge.     1917.     Cloth,  13.00. 
Periodicals  for  the  small  Ubrai7.    Frank  K.  Walter.    3d  ed.     1919. 

Paper,  25  cents. 
A  thousand  books  for  the  hospital  library.     Edith  K.  Jones.     191.3. 

Paper,  30  cents. 
Viewpoints    in    travel.     Josephine    A.    Rathbone.     1919.     Paper,    60 

cents. 

tIBRARV   ECONOMY 

Binding  for  libraries.     2d  ed.  1915.     Paper,  15  cents. 

Manual   for   institution   libraries.    Carrie   E.   Scott.    1916.    Paper, 

25  cents. 
Mending  and  repair  of  books.     Margaret  W.  Brown.     Revised  by 

Gertrude  Stiles.     1921.     Paper,  25  cents. 
Some  principles  of  business-like  conduct  in  libraries.    A.  E.  Bostwick. 

1920.    Paper,  25  cents. 
Standard  library  organization  and  equipment  for  secondary  schools  of 

different  sizes.     C.   C.   Certain.     Revised  ed.      1921.     Paper, 

40  cents. 

CATALOGING 

Catalog  nUes:  author  and  title  entries.    .American  ed.     1908.    Cloth, 

$1.00. 
Cataloging  for  small  libraries.    Theresa  Hitchler.    Revised  ed.     1915, 

Cloth,  $2.00. 
List  of  subject  headings  for  use  in  dictionary  catalogs.    3d  ed.  revised 

by  Mary  J.  Briggs.     1911.    Cloth,  $4.00. 
Subject  headings  for  use  in  dictionary  catalogs  of  juvenile  books. 

Margaret  Mann.     1916.    Cloth,  $1.75. 


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